PITAMBAR PRADHAN Vs. STATE

JUDGEMENT

(1.) THIS revision application is against the order of the Sessions Judge, Balasore, affirming in appeal, by slightly modifying, the order of the Magistrate to furnish security under Section 118 Criminal Procedure Code only with respect to these four petitioners.

(2.) THE first point urged by Mr. Roy on behalf of the petitioners was that both the courts were wrong in taking into consideration extraneous matters which were not the subject -matter of the notice. There is nothing in Section 117 Cr. P. Code to support Mr. Roy's contention. Rather the words "to take such further evidence as may appear necessary" in Sub -Section (1) of Section 117 Cr. P. Code indicate that the Magistrate may take further evidence relating to other incidents, and need not confine himself only to the subject -matter of the notice issued to the persons proceeded against consideration of such other matters may enable the Magistrate to form his opinion that it is necessary to require such delinquents to execute the bond for keeping the peace. Leaving out such evidence may result in the missing of vital materials which could have properly moulded the Magistrate's opinion. A similar question came up for discussion in Matuki Mahton v. State, AIR 1963 Patna 312, wherein it was held by Kamala Sahai, J. that -

(3.) MR . Roy at last submits that these petitioners since 26.10.1967, the date on which the Magistrate passed the order, have been very careful in maintaining the peace, and there is at present no apprehension that these persons are likely to commit a breach of the peace. If that be so, while holding that the order passed against the petitioners is lawful and good, and can be given effect to even now, I may only observe that it is left to the petitioners to approach the Magistrate for a reconsideration of his order in the light of the situation and conditions existing at present, and in that case the Magistrate may suitably consider the prayer made by the petitioners. With these observations the revision petition is dismissed.